Introduction to Florida’s E-Verify Law

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What Is E-Verify and Who Must Use It?

E-Verify is an online verification system that compares employee information from the Form I-9 to federal databases to confirm employment eligibility. While E-Verify is voluntary for most employers on a national level, Florida law has made it mandatory for private employers with 25 or more employees to enroll in E-Verify and use it for all new hires.

The law mandates that every private employer and PEO in Florida with 25 or more employees must use the E-Verify system. In addition, federal contractors working with public employers must also adhere to E-Verify requirements as outlined by the E-Verify clause.

PEOs, acting as an employer agent, must ensure their clients comply with E-Verify obligations. This means that both the client company and the PEO are accountable for verifying the employment eligibility of employees.

Enrolling in E-Verify: A Step-by-Step Guide

For employers new to E-Verify, the enrollment process is fairly straightforward. To enroll in E-Verify, employers or PEOs can visit the E-Verify website and follow the step-by-step instructions to complete their registration. The system is designed to confirm the employment eligibility of new hires by comparing data with federal databases, including the Social Security Administration.

PEOs play a key role here as well. A PEO can enroll on behalf of the client company as an E-Verify employer agent. This means that the PEO will be responsible for overseeing the E-Verify procedures, including employee verification and ensuring compliance requirements are met.

E-Verify Law in Florida: What Does It Mean for Employers?

The new Florida law requires all private employers to use E-Verify for any newly hired employees. This requirement impacts not only direct hiring practices but also the way in which PEOs support their clients in adhering to state laws. Failure to comply with the E-Verify law can lead to substantial penalties, including fines and potential revocation of business licenses.

The Role of PEOs in E-Verify Compliance

PEOs offer an effective solution for managing E-Verify compliance. By subscribing to a Professional Employer Organization, businesses can streamline the entire E-Verify process, from enrollment to verification. The PEO acts as the E-Verify employer agent, verifying employees in E-Verify and ensuring adherence to the law.

How Employer Solutions Can Help You

At Employer Solutions, we are dedicated to helping businesses navigate the complex landscape of employment eligibility verification. As one of the nation’s leading PEO consulting firms, we specialize in connecting businesses with the best PEOs to fit their needs, ensuring compliance with the new E-Verify requirements and easing the burden of enrollment and verification.

E-Verify Compliance Tips for Employers

To help employers stay compliant with the E-Verify law, here are a few practical tips:

1. Understand Your Obligations: Employers with 25 or more employees in Florida must use E-Verify for all new hires. Failure to comply could result in legal penalties.

2. Consider PEO Services: A PEO can help ease the administrative burden of enrolling in E-Verify, managing I-9 forms, and ensuring that each new hire is verified properly.

3. Timely Enrollment: Make sure you are enrolled in E-Verify before attempting to hire new employees.

4. Keep Records: Maintain accurate records of each Form I-9 and E-Verify participation.

5. Training: Ensure your HR staff or your PEO understands the E-Verify procedures and how to use the system effectively.

FAQ: Florida’s E-Verify Law

What is Florida’s E-Verify Law?

Florida’s E-Verify law mandates that certain private employers, specifically those with 25 or more employees, must utilize the E-Verify system to confirm the employment eligibility of their new hires.

Who is required to use E-Verify in Florida?

Under the current E-Verify law, private employers with 25 or more employees are required to enroll in E-Verify. All federal contractors must also use E-Verify, regardless of the number of employees.

What is the purpose of the E-Verify program?

The purpose of the E-Verify program is to provide employers with a reliable means of verifying the employment eligibility of their new hires.

How does a Private Employer enroll in E-Verify?

To enroll in E-Verify, private employers must visit the official E-Verify website and complete the online enrollment process.

Key points about potential liabilities for not verifying employees:

  • Immigration violations: Failing to properly complete I-9 forms and verify employment eligibility can lead to fines and penalties from Immigration and Customs Enforcement (ICE) for knowingly hiring unauthorized workers. 

  • Negligent hiring lawsuits: If an employee with a criminal history, which could have been discovered through a background check, commits a crime while on the job, you could be sued by the victim for not adequately vetting the employee. 

  • Industry-specific regulations: Certain industries like healthcare, finance, and education may have stricter background check requirements, and failing to comply can result in penalties or loss of licenses. 

  • Discrimination claims: Improper background checks can lead to discrimination claims if you use them to unfairly target applicants based on protected characteristics. 

  • Reputational damage: If an employee with a concerning background is hired without verification, it can damage your company’s reputation if their actions come to light. 

What to do to mitigate risk

  • Implement a thorough background check process: Conduct comprehensive background checks including criminal history, employment verification, and credit checks (where applicable) depending on the position. 

  • Comply with I-9 requirements: Ensure all new hires complete Form I-9 to verify their eligibility to work in the United States. 

  • Follow Fair Credit Reporting Act (FCRA) guidelines: Adhere to proper procedures when conducting background checks, including providing proper disclosures and obtaining consent from applicants.

Why Compliance Matters

Compliance with the E-Verify law is not only a legal obligation for Florida employers but also a critical part of ethical business practices. Ensuring that each employee has the right to work in the U.S. helps maintain fair labor standards and protects both employers and employees from legal ramifications.

At Employer Solutions, we offer more than just advice. We provide practical solutions that allow you to use E-Verify without the hassle. We partner with trusted PEOs who are experienced in managing E-Verify obligations, helping you focus on what you do best—growing your business.

Conclusion

Navigating the new E-Verify requirements in Florida may seem challenging, but with the right support from a Professional Employer Organization or a trusted consultant like Employer Solutions, your business can stay compliant and thrive.

For more information on how Employer Solutions can assist you with E-Verify and finding the right PEO partner for your business, visit employersolutionspeo.com.